Land Law Problem Question Coursework.
LAND LAW COURSEWORK
For many years Tom and Claire held the registered freehold title to Mount Farm in Essex (‘the farm’) as joint tenants. Last week, Tom and Claire decided to retire from the farming business and they sold and transferred the farm to Walter for a sum of £8 million. Walter lives in California and is a property investor.
During the time of Tom and Claire’s ownership of the farm, they granted certain rights and interests to various friends, family and neighbours, viz:-
(i) In January 2002, Tom and Claire by Deed granted a neighbouring farmer Ahmed a right of vehicular access by way of a short-cut across the farm to an adjoining main road, for a consideration of £500;
(ii) In March 2005, Tom and Claire by a signed written agreement and in consideration of £1 gave their niece Amy the right to purchase the farm for the sum of £3 million on the giving of one calendar month’s written notice, (within a time frame of 21 years);
(iii) In May 2007, Tom and Claire allowed Tom’s sister Zana to move into the farm (taking up permanent residence), whereby, at Tom and Claire’s invitation, Zana cleared the remaining £10,000 owing under a mortgage Tom and Claire then had. Zana also paid for the refurbishment of the farmhouse which was situated on the farm. This improved the overall value of the land by 5%.
(iv) In December 2008, Tom and Claire by Deed gave their other neighbour John the right to store his collection of marble statues in the barn situated at the farm, for a consideration of £1,000.
(v) In 2014, Tom and Claire allowed Claire’s brother Derek to live in the second largest bedroom at the farmhouse situated on the farm for a fee of £10 per week.
Neither Ahmed, Amy, Zana, John nor Derek have attempted to protect their rights by registration and they have only just discovered the sale of the farm to Walter.
Advise Walter as to the extent to which he will be bound by the rights of Ahmed, Amy, Zana, John and Derek.
(Content in footnotes is included in the word count with the exception of citations and references to sources (e.g., cases, statutes, journal articles, books, etc). In other words: if it’s not a citation/reference then it’s included in the word count. The revised LLB student handbook will contain further guidance).
Aston Law Assessment Criteria
Here you will find a copy of the Aston Law Assessment Criteria. Every piece of coursework and every exam answer is assessed against the rubrics that you find here. As such, it is important that you read and understand the different levels of performance. It can sometimes be useful for you to assess your own work against the Assessment Criteria and then compare it to the comments given by the person marking the assessment.
Classification Mark RESEARCH
Systematic identification and investigation of appropriate sources. Indicator
80%+ Outstanding independent legal research, highly accurate with a sophisticated understanding of the research material. 8
70-79% Excellent and extensive independent legal research, accurate familiarity with the material, and sound judgments. 7
2:1 Very Good
60-69% Very good legal research, well-informed judgments made of relative value of connected information from a wide range of sources. 6
50-59% Good legal research skills are evident, accurate, appropriately categorised information from a range of sources. 5
45-49% Satisfactory legal research, reasonably accurate and appropriately categorized from a range of appropriate resources. 4
40-44% Adequate legal information has been gathered and documented from readily available sources. 3
30-39% Legal information presented does not relate sufficiently to task; may be evidence rudimentary research, selected sources may be inappropriate. 2
Fail Bad Fail
0-29% Little or no legal information presented and/ or wholly irrelevant content. 1
Classification Mark SUBJECT KNOWLEDGE
Identification, understanding, application subject knowledge and underlying legal principles. Indicator
80%+ An outstanding contribution to the debate at this level. Outstanding assimilation of information, development of a sophisticated argument. 8
70-79% Excellent subject knowledge, contributes to the subject debate by assimilating legal knowledge into a personal hypothesis (or indicates the beginnings of one). 7